TERMS AND CONDITIONS

Effective as of July 1st, 2017

These are the Terms and Conditions of NT Nexus Tours S.A. and its affiliates (“NexusTours”, “we”, “our” or “us”) that apply to you. When you book our products or services with NexusTours or our affiliates, the following Terms and Conditions become part of your contract with the applicable NexusTours local company in destination. By accessing, browsing or making a reservation with NexusTours through this website, applications or by other means, you expressly accept these Terms and Conditions, without modification, and intend to be legally bound by them. To the extent that any products and/or services are booked through your Travel Agent or other third party, you agree that these Terms and Conditions apply to all transactions. Please ensure that you have read and understood these Terms and Conditions before booking your transportation, excursion or other NexusTours products or services because making a booking constitutes your acceptance of these Terms and Conditions. If you do not accept all of these Terms and Conditions, please do not use the website or make any reservations with NexusTours’ agents, through your Travel Agent or any third party.

ACCURACY OF INFORMATION

NexusTours makes every effort to ensure the accuracy of the information contained herein and to the best of its knowledge, all information is accurate and current at the time of publication. We make our best efforts to ensure that the information and prices on the website are accurate and current, however errors and last-minute changes do occur due to the nature of the services and we reserve the right to refuse to accept, cancel and refund, or modify without notice, any booking purchased with information published in error or with non-updated information. Updates are published on our website when new information is made available, however, NexusTours cannot be responsible for any inaccuracies or omissions contained herein.

NexusTours reserves the right to make changes to these Terms and Conditions at any time. Any changes to these Terms and Conditions will be effective immediately upon being posted on our website. Your continued use of this website after any such changes are posted will constitute acceptance of those changes.

PRICING

Prices quoted on this website are based on fixed costs at the time of publication. These prices are dependent on a variety of variable factors including, but not limited to, fuel costs, rates of exchange and other factors. Should these costs increase, NexusTours reserves the right to increase the price of any of our products or services. All price increases may reflect administrative costs incurred. NexusTours sets its prices based on its costs, as well as anticipated demand. NexusTours constantly reviews its prices throughout the season in accordance with availability and demand. We reserve the right to increase or decrease our prices accordingly.

PROMOTIONS

From time to time, NexusTours advertises promotional offers or make available electronic discount coupons, which may be limited to selected destinations and excursions. All of these promotions and coupons are time sensitive and, therefore, have a commencement and termination date. They are not combinable with any other promotion that may be advertised and available at the same time. All published prices and promotions advertised and offered by NexusTours have limited space availability and may be withdrawn at any time, with or without prior notice.

PRODUCTS AND SERVICES

NexusTours makes arrangements with transfer operators, coach companies, destination excursion operators and other independent providers (hereinafter referred to as the “service providers”) to provide services you book with NexusTours. NexusTours exercises great care in choosing its service providers, but does not have control over them and, therefore, cannot accept responsibility for, nor can be held liable for, any acts or omissions or negligence of the service providers, their employees, servants, agents, subcontractors or unrelated third parties. Some of these service providers may not be agents or employees of NexusTours, notwithstanding their use of any signage or clothing which may contain the name “NexusTours” or other related trade names or logos. Moreover, these products and services (“activities”) are subject to conditions and limitations imposed by the said service providers as well as the laws of the country in which they operate. Please check with the respective service provider.

CHILDREN & INFANTS

Ages for children and infants allowed in excursions vary depending on the nature of the excursion. NexusTours recommends that you consult in our website, with your Travel Agent or the NexusTours Contact Center to determine what the applicable age(s) and/or respective rate(s) are for children and infants. Upon arrival we may require proof of age for customers with a reservation made at a “child price”. If a child’s age does not comply with NexusTours’ policy, NexusTours may charge the child as an adult and require immediate payment for the difference between the child rate and the adult rate. Infants under two years of age at the completion of travel will travel on NexusTours transportation free of charge (one infant per adult) but still require a reservation in order to appear on the transportation manifest to be allocated a seat. If your child requires a car seat, it must be requested at the time of booking and, if available, NexusTours may charge you a fee. Please consult with your Travel Agent or the NexusTours Contact Centre in advance.

PREGNANCY

NexusTours will accept any woman travelling while pregnant on any NexusTours transportation or excursion, if the pregnancy is uncomplicated with no previous history of premature labour. Excursions may have restrictions for pregnant women. Please consult with your Travel Agent or the NexusTours Contact Centre in advance.

CUSTOMERS WITH SPECIAL NEEDS

Customers with special needs who will require special services or assistance while travelling, including private transfers, must contact the NexusTours Contact Centre at the time of booking or at least 10 business days prior to departure. In order to ensure that you are properly assisted, we request that you advise us of any and all specific needs that you may have. This will help us to ensure that the proper travel arrangements are made for you to obtain the maximum enjoyment from your NexusTours experience. Please note that additional costs may be applicable for some or all of the services requested. Please note that some foreign destinations may not define or provide for wheelchair access in the same fashion that you are accustomed to in your country of origin. Please contact info@nexustours.com for further assistance.

PAYMENT AND CREDIT CARD POLICY

NexusTours accepts MasterCard, Visa and American Express credit cards as forms of payment. NexusTours or its affiliates will appear as the vendor on your credit card statement, not your travel agency. Your authorization to use your credit card number to pay for travel services provided by NexusTours indicates your acceptance of our Terms and Conditions, whether or not you have actually signed credit card forms. Therefore, by providing your Travel Agent or NexusTours with authorization to use your credit card to pay for your NexusTours travel services, you are confirming that you will pay the total amount charged for those services to the card issuer according to your cardholder agreement. Simultaneously, you are also acknowledging your acceptance of NexusTours’ Terms and Conditions.

Your credit card number, billing information and all other information provided are subject to a verification process when booking with NexusTours. Please ensure accuracy when providing all these details otherwise your credit card may be declined and your booking cancelled with or without notice and with no responsibility of NexusTours. If the cardholder is not included in your booking, NexusTours may request additional information from you and the cardholder (including but not limited to a third party credit card authorization form, copy of the front and back of the credit card and two or more pieces of government issued identification) at any time after the booking. NexusTours may also request another form of payment for your booking in case you fail to provide the required information to NexusTours satisfaction. When using a credit card booking and pricing are not guaranteed until verification process is completed. NexusTours may cancel any booking in case of suspected fraud, theft or dishonesty.

Charges and foreign exchange rates may be added to your payment by processing banks. NexusTours do not have any control on these charges. For purchases done with American Express, the amount will be collected in Mexican pesos (MXN) converted to your local currency.

If your booking cannot be processed with a credit card, you may book your transfer, excursion or activity and we will process your reservation but you will be required to pay in full at destination to receive your confirmation and voucher. Please contact your Nexus Tours in destination. See Contact Us.

RESTRICTIONS FOR CUBA

Certain governmental regulations restrict our services in Cuba. We are restricted to sell transfers, excursions and activities in Cuba to U.S. nationals identified as such. If you could be affected by these restrictions, we would not be able to complete your booking. It is your responsibility to comply with the requirements and restrictions for travelling to Cuba. NexusTours will not be responsible for not completing a booking affected by those restrictions.

VOUCHERS

Vouchers for all NexusTours products and services will not be released until NexusTours has received your full and final payment. Once payment is confirmed, you will receive your voucher with additional information (e.g. pick-up time) to the email address provided or a printed copy of your voucher if you are in destination. Please contact us immediately if you do not receive your voucher within 24 hours from your booking.

Please follow the instructions detailed in your voucher for confirmation and pick up. The cardholder or the lead traveller must sign the voucher before any NexusTours transfer or excursion. The voucher is not valid until signed by the cardholder or the lead traveller, and presented at the start of the transfer, excursion or activity along with a valid photo identification bearing the name of the travellers included in a voucher.

COUPONS

All NexusTours coupons may be applied to the final payment for a future activity and must be submitted at time of booking. Stipulations may apply. Please refer to the terms and conditions stated on the travel coupon.

SERVICE ASSISTANCE

NexusTours has taken great care in selecting the suppliers used and featured in this website. Your NexusTours local representatives are stationed in most destinations to offer assistance and liaise with our suppliers to resolve any queries or problems that may arise during your stay. Any problem must be brought to the supplier’s attention or the NexusTours Representative’s attention immediately so that they can work to ensure that you have an enjoyable experience. Please contact your local representative immediately and file a complaint notice with the supplier, ensuring that you obtain a copy of your complaint. It is essential that this procedure be followed since the service provider must be given the opportunity to rectify the problem. Please note that your failure to report your concerns may preclude your right to a claim. If you require assistance at one of our destinations please contact NexusTours Contact Center – see Contact Us. Should you remain dissatisfied with the service provided, and wish to comment, please send your written comments to your Travel Agent and/or NexusTours within 30 days of your return, together with a copy of the notice of complaint you submitted to the service provider, including their response. Any claim received more than 30 days after your return will not be accepted. NexusTours will not be liable for any claims exceeding the amount paid for the services with respect to which you are claiming. Regretfully, we are unable to accept responsibility for any assurances or guarantees provided by Travel Agents, hotel employees or suppliers of any kind.

NOTICE TO CUSTOMERS

Standards of living and conditions with respect to the provision of utilities, sanitary services and the grading of services vary considerably from one country to another. In other countries, the uninterrupted supply of water and electricity, local health conditions, levels of security and standards of food and beverages may differ from those enjoyed at home. In tropical climates, insects are commonly found inside and outside facilities. Illness or inconvenience resulting from the services provided or omitted at the destination are outside the reasonable control of NexusTours and NexusTours accepts no responsibility for such illness or inconvenience. It is the customer’s responsibility to adhere to the customs, rules and laws of the country he/she is visiting. Should a customer conduct him/herself in a manner threatening to NexusTours or hotel employees and/or other customers, NexusTours has the right to refuse service.

TOURS, EXCURSIONS AND ACTIVITIES

Release, Waiver, and Indemnity – Any transfer, excursion or activity you choose to undertake at your holiday destination, as a result of your voluntary purchase of a transfer, excursion or activity inside or outside of your hotel, made either prior to your departure from origin, on board Sunwing Airlines, or in destination, may inherently contain a risk of personal injury, loss or damage to you and/or your personal possessions. You hereby expressly agree to assume the entire risk of any and all such injury, loss or damage which you may suffer during or arising out of your participation in the said transfer, excursion or activity, howsoever caused.

You hereby release, discharge and indemnify NexusTours from any and all liability or claims of any nature arising out of or in relation to any loss, damage, injury or illness whether physical or mental, resulting from any delay, any act, omission or negligence of service providers, their employees, servants, agents, subcontractors or unrelated third parties resulting from or arising out of any of the activities in which you voluntarily participate and/or any activity arranged at your specific request and/or at your cost, and you agree to accept all risks associated therewith. You hereby expressly waive any claim against NexusTours for any cause arising out of or related to the actions, omissions, or negligence of any person or party other than NexusTours. Furthermore, you understand and agree that before participating in any activity in which you have voluntarily agreed to participate by you for the service, you may be required to sign a written release in destination forever releasing, discharging and indemnifying NexusTours from any and all claims of any nature arising out of or related to any such activity made, and agree to assume all risks associated therewith. You understand and agree that all activities are non-transferable.

CANCELLATION POLICY AND CHANGES

If you cancel your NexusTours transfer, excursion or activity the following cancellation policy applies:

100% refund of purchase price on cancelations made with more than 48 hours prior to the transfer, excursion or activity date.

80% refund of purchase price on cancelations made between 36 and less than 48 hours prior to excursion date.

50% refund on cancelations made between 24 and less than 36 hours prior to excursion date.

Refund not applicable to cancelations made less than 24 hours prior to excursion date, or no-shows.

Certain exceptions may apply if we have agreed with you on specific service conditions.

NexusTours reserves the right to apply and charge an administration fee for cancellations, which shall not exceed 5% percent of the total purchase price of your booking.

Any change in your booking is subject to availability and shall be requested no less than 24 hours before the scheduled transfer, excursion or activity date.

We strongly encourage you to purchase travel insurance to provide you with coverage for unexpected developments that may cause you to either cancel any of your bookings.

NEXUSTOURS RESPONSIBILITY

On your behalf, NexusTours arranges with suppliers to provide you with the services you have purchased. NexusTours exercises due care in selecting these companies and pays particular attention to their reputation and reliability. However, NexusTours does not control these suppliers and thus, we cannot be held responsible for their performance or lack thereof. Therefore, NexusTours shall not be held responsible for any injury, loss or damage whether mental, emotional or physical howsoever sustained, resulting or arising from any error, omission or negligence of any company or person, agent, employee or sub-contractor supplying any of these services as part of your NexusTours experience. NexusTours and/or its agents do not assume responsibility for any claims, losses, damages, costs or expense arising out of personal injury or death, loss of enjoyment, upset, disappointment, illness, distress or frustration whether physical, emotional or mental, resulting from or arising out of any of the following:

Any negligent act or omission by transportation companies, coach tour operators, car rental organizations, hotel/resort properties or other suppliers or their personnel or any company or person.

Failure of the passenger to obtain the necessary documentation or meet the required health regulations for their travel.

Cancellation of transportation, excursion or activity by suppliers, provided that full refund of all monies paid is made to the customer.

While every effort has been undertaken to ensure accuracy, photographs, artist’s rendering and written descriptions appearing in this website are representational only and are not a guarantee that everything at the destinations will be exactly as depicted.

ACT OF GOD/FORCE MAJEURE

NexusTours and/or its suppliers cannot assume liability for any loss, damage or injury of any nature in whole or in part resulting from an Act of God or any other Force Majeure condition including without limitation: fire, volcanic eruption, environmental pollution or contamination, inclement weather, earthquake, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commotions or disturbances and any other acts of similar nature, sabotage, arrests, strikes or other labour disruptions, restraints of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories or warnings or alerts of any kind or nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities, or the travel supplier and its facilities, or any other unforeseen circumstances in Canada, United States of America, Mexico, Central America or the Caribbean or any other factor unforeseen by NexusTours that impacts negatively on or hampers its ability to fulfill any of its contractual conditions. In the event that any of these conditions apply, NexusTours shall be excused, discharged or released from its performance to the extent such performance is so limited or prevented, without liability of any kind.

LIMITATION OF NEXUSTOURS’S LIABILITY

NexusTours’s liability for any loss, damage or injury, whether to property, physical or mental, arising from its own acts, omissions or negligence, is limited to the amount you paid to NexusTours for the services with respect to which you are claiming.

INDEMNIFICATION OF NEXUSTOURS

The customer agrees to indemnify and save harmless NexusTours, and its parent, subsidiaries and affiliates, against any liability, actions (including legal fees), claims, losses, costs and damages, which NexusTours may incur, sustain or pay arising out of or in connection with the customer’s negligent or intentional act or omission, in relation to any incident alleged to have occurred in destination and/or in relation to services provided by NexusTours.

APPLICATION

These Terms and Conditions are binding upon all members of the customer’s family, dependants, estate, heirs, successors and legal personal representatives.

FORUM

Your contract with NexusTours is governed by and is to be construed in accordance with the laws of the destination of your booking. Any claim or action arising out of or relating to the acts or omissions of NexusTours, in contract or tort, shall be filed only in the courts the destination of your booking and you agree to attorn to the exclusive jurisdiction of such courts. All claims in connection with the acts or omissions of a third party supplier shall only be brought against such third party and be filed only in the courts of the jurisdiction where the act or omission of such third party occurred and you agree to attorn to the exclusive jurisdiction of such courts. The governing laws of the jurisdiction where the act or omission of the third party occurred shall apply to such claims.

SEVERABILITY

If any term or condition or any portion hereof is held invalid or unenforceable, the remaining portions of these Terms and Conditions will remain in full force and effect, and, if possible, the portion(s) found unenforceable will be construed in a manner consistent with the remaining portions.

ACKNOWLEDGEMENT

By making a reservation to purchase a service or product from NexusTours you, the customer, hereby acknowledge that you have read and accept the Terms and Conditions contained herein. Furthermore, when making a reservation for a NexusTours product on www.nexustours.com, you agree that you are solely responsible for such reservation.